Kuwait Court of Cassation principle number 2344

The purchaser must promptly bring an action on the warranty against latent defects and not delay taking its procedures within its limitation period of 1 year from delivery. - Expiry of 1 year from delivery without bringing an action on the warranty against the hidden unseen. Its effect. This action is barred by the 1-year limitation period. This is not affected by the purchaser's learning of the defect after the expiry of that period or by its discovery requiring special technical expertise, unless the parties agree to extend the limitation period or the seller deliberately conceals the defect fraudulently. - A defence based on factual elements cannot be raised for the first time before the Court of Cassation. An example concerning the purchaser's assertion of the seller's acceptance of extending the latent-defect warranty period beyond 1 year or his deliberate fraudulent concealment of the defect. - 452 - Obligation